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sentiments. In such case however I shall feel it my duty candidly to confess the errors of this my first judgement, which cannot possibly be so well grounded as if it were the result of longer experience
Art. 6th It is most true that a very considerable extent of property is held in Newfoundland by Individuals whose claim is simply that of having cleared the land with their own labour, and erected their buildings thereon without interruption; or of having inherited or purchased it from those who could still give them no better title. It appears that the late Governor and his predecessor had issued Proclamations requiring from the several Surrogates a general return of the property held in their respective districts. In some instances the difficulty is said to have been so great that these returns have not yet been made. I have however enforced the Proclamations of my Predecessors, and have especially endeavoured with the assistance of the Chief Justice to procure an exact knowledge of the particulars required. In the Office of the records of St John's are Lodged those reports that have hitherto been given in; which serve moderately well to answer the enquires contained in this article, and would, as far as they extend, afford considerable facilities to any arrangement respecting property which might be ultimately made. It is the opinion of the Chief Justice that although divers of His Majesty's subjects in Newfoundland do sell, mortgage and lease Houses, Lands, Stages &c &c of which they have been
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6th And whereas it has also been represented to us that divers of our Subjects residing in Newfoundland sell, mortgage, and lease for considerable sums, Houses, Lands, Fishing Stages, Cook rooms and Flakes, of which they have been in possession, either under Grant or permission from former Governors or other wise, as if they had an exclusive and indefeasible right therein, contrary to the intention of us and our Predecessors, and contrary to the Laws made for preventing the same: now in Order that we may be better informed concerning the premises, as well with a view to enable a judgement being formed relative to Lands &ca, of which persons have already possessed themselves, as to a due consideration of what measures in this respect should be pursued in future. It is our Will and pleasure that you, in conjunction with our Chief Justice of our said Island, do cause such enquiries to be made as you and he shall judge most proper, using very great caution in the manner of/conducting this enquiry so as to avoid most carefully creating unnecessary alarms in the minds of persons in possession of Lands &ca, suggesting to them that it is equally the interest of themselves and of the public that the question should be put at rest, and that if any proceedings on the part of the public shall be thought necessary, there is every reason to believe attention
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in possession either under grant from former Governors to otherwise, yet is not as if they had an exclusive and indefeasible right therein; but that they merely sell, Mortgage or demise for a term of years their interest in such premises, without defining what that interest may be; and that the rule of caveat emptor seems to be the guide and understanding of the parties. I have caused copies to be made of the books containing returns of the property held in Conception Bay; and they will be transmitted to the Lords of the Committee of Council for Trade &ca to afford some idea to their Lordships of the nature of the general tenure of property throughout the Island, with the exception, in some degree of St John's. I do not find that any record has been preserved of the fishing places that belonged to the Fishing Ships before the year 1685; but those which have since been claimed by fishing Ships, and are now known as Ship's-rooms, appear to be generally acknowledged and respected; excepting some palpable encroachments at St John's which are known to have been for many years solely at the mercy of the Governor. In the Harbour of St John's there certainly remains but little of the shore unoccupied; but in all the other Harbours, as well those which I have myself inspected, as others which have been visited by my Orders, there is an abundance of very convenient places unoccupied which are perfectly fit for the purpose of carrying on the fishery by Adventurers who may arrive from Europe; especially in the District of Ferryland, the most contiguous to |
will be paid to the interests of the parties liable to be affected thereby. In the course of that enquiry it will be important to ascertain as accurately as you can the nature of the Titles and claims under which such property is held, the length of time that the present possessors or those under whom they claim have enjoyed the same, and the extent supposed rent and value of such property; And you are further to enquire whether it has ever been ascertained in the several Harbours of Newfoundland what Fishing places did belong to the Fishing Ships before the year 1685 and whether any Account is kept of such Fishing places as have been possessed since that year in Order to prevent the Disputes that may otherwise happen between the Masters of Ships and the Inhabitants and whether there is any want of convenient places unoccupied on the Beach or Shores of Newfoundland fit for the purpose of carrying on the fishery by the adventurers who may arrive from His Majesty's European Dominions. |
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the Grand Bank, and most convenient in every instance for the banking fishery.
Art. 7th It does not appear that any Officers or Soldiers of the Garrison are in any way concerned or employed in the fishery.
Art. 8th I have caused those injunctions to be given to the Masters of the Fishing Ships, By Boat Keepers, and Inhabitants which this Article directs; and have given considerable attention myself to the subject, and availed myself to the subject, and availed myself of many opportunities for investigating it. It does indeed appear that the fish is in every instance properly cured and fitted for sale at the Foreign Markets, and that good salt is used, and in sufficient quantity. With respect to the manner and method of taking and curing the Fish; In the early part of the Season, and before the bait has come in, the abundance of the Cod is so great as to admit of them being jigged, that is to say hooked up by means of a jig, or instrument with |
7th You are not to permit or allow any of our Officers or Soldiers or other Persons whatever belonging to the Garrison within your Government to engage or be in any way concerned or employed directly or indirectly in any branch of the Fisheries carried on within your Government, or to take up for themselves any Beaches, Stages, or Cook rooms upon any pretence, whatever, in any manner to interrupt the Fishermen in catching, drying or curing their Fish, and if any such Officers, Soldiers, or other persons shall in contradiction to this our Instruction, you are to report the same to us through one of our Principal Secretaries of State, that such Persons may be made sensible or our highest displeasure.
8th And whereas it is of great importance to the prosperity and extension of the Fishery, that the fish caught by our Subjects should be properly cured and fitted for sale at the Foreign Markets, you are therefore to cause strict injunctions to be given to the Masters of the Fishing Ships, the Bye Boat keepers and Inhabitants to take the greatest care in curing the Fish with a proper and sufficient quantity of good salt, and in preparing, husbanding and ordering the same that the Credit thereof may be maintained and augmented in the several places to which it is carried for sale, and in Order to render the attainment of that object effectual as far as possible. It is our Will and Pleasure that you shall consider and report to us for |
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many hooks which is kept continually jirking until it strikes the Fish. As the season advances, and the Fish become less plenty, they are taken almost exclusively with bait; and the degree of success to be expected in the fishery depends on the regular coming in of the smaller fish which are used for this purpose. The Capelin, the Herring, and the Squid are the principal reliance of the Fishermen, and they succeed each other on the Coast. It occasionally happens, and has in some instances this year, that one species of bait has quitted the Shore before the other has come in. In this case the fishermen are greatly at a loss, and there may yet remain abundance of Cod without the means of taking them. The method of curing, is, in the first instance to head and split the fish, and to extract the back bone. It is then salted in bulk, and left for five days, or longer as circumstances may require, until it is supposed to be sufficiently impregnated with the Salt; when it is washed, to remove from the surface the undissolved particles, which if suffered to remain would render it too dry. It then only requires to be spread carefully upon the Flakes, occasionally to be taken in, and exposed again according to the Weather, until it shall be thoroughly cured. The quantity of Salt allowed to the hundred quintals of Fish is generally ten, eleven, or twelve hogsheads; and depends on its strength. I am not aware of any improvement that could be made in any of the foregoing particulars. I have heard no complaint of any want of diligence in the Fishermen, and
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our Royal consideration whether any and what means can be devised for observing whether the said Injunctions* is duly complied with; and you are, while on the Station, to make very particular enquiries into the manner and method of taking and curing the Fish, what quantity of Salt is allowed for the curing of every one hundred Quintals, whether the Parties are guilty of any abuse in the ordering thereof, and whether any improvements can be made in any of the foregoing particulars, and whether the Fish taken at a distance from the Land by the small Vessels is not damaged before it is brought on shore, and whether in the sale of the Fish to those who are to carry it to the Foreign markets experienced Cullers are employed in ascertaining the good quality thereof and whether the Sack Ships, jealous of each other, and struggling who shall carry their Fish first to Market, do not frequently Ship it before it is properly cured, whereby it suffers in the passage, and lastly whether the Inhabitants, the Masters of the Sack Ships or the Bye Boat Keepers are most to be blamed in whatever is amiss, and what methods would be most likely to prevent and to rectify the same; the result of all which enquiries you are not to fail to report to us on your first return to Great Britain.
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those who are employed in curing appear to be skilful and industrious. The fish taken at a distance from the land in the small Vessels is salted on board, and continues in bulk until the Vessel comes in; when it is spread upon the Flakes for curing. I have not understood that it is subject to any damage in this way; nor do I believe that it suffers at all. However, by far the greater portion of fish is caught in small skiffs which go out in the morning and return at night, and in such case it is never suffered to remain until the morning, but is directly headed, split and salted. In answer to the question whether in the sale of the fish to those who are to carry it to the foreign markets experienced Cullers are employed in ascertaining the good quality thereof: The principal exporters of fish to the Foreign Markets are the Merchants of St John's, and a few principal Merchants at the Out Harbours, to whom it is sold by the Planters, or made over in barter for supplies that have been rendered to them. When the Fish is brought by the Planter for Sale to the merchant, a Culler is employed, whose duty it is to judge between the parties, and to assort the Fish according to its qualities; vizt into three distinct classes, bearing each a distinct price; the merchantable (that which is carried to the foreign markets), the Madeira Fish, and the West India. I have made it an object to be frequently present at these sortings of the Fish; and the Cullers whom it happened to me to overlook were certainly no novices in their Trade, from the rapidity, and as I found on
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